TUPE, or Transfer of Undertakings (Protection of Employment) Regulations, is a set of legal regulations that protect employees’ rights when their employer’s business is transferred to a new owner. TUPE applies in situations where there is a transfer of an undertaking, business, or part of a business. However, one common question that arises is whether TUPE applies if there is no contract.
In short, the answer to whether TUPE applies if there is no contract is YES. TUPE applies to all employees who are employed in the business or part of the business that is being transferred. This includes those who are engaged under a contract of employment, a contract of apprenticeship, or a contract personally to do work.
Even if there is no written contract, employees are still protected by TUPE. This is because TUPE is concerned with the economic entity that is being transferred, rather than the contractual arrangements between the employer and the employees.
It is worth noting that TUPE provides protection to employees regardless of whether the new employer has entered into a contract with the transferring employer. If the employees were employed in the business or part of the business that is being transferred, the new employer will inherit their employment rights, including any contractual obligations.
It is also worth noting that the absence of a written contract does not mean that there is no contract in place. A contract can be formed through the conduct and actions of both the employer and the employee. Therefore, a lack of written documentation does not necessarily mean that TUPE does not apply.
In conclusion, TUPE applies regardless of the existence of a written contract. All employees who are employed in the business or part of the business that is being transferred are protected by TUPE. It is the economic entity that is being transferred, rather than the contractual arrangements between the employer and the employees, that is the focus of TUPE. So, if you are an employee whose employer’s business is being transferred, rest assured that TUPE will protect your employment rights, even if you do not have a written contract.